Eiland v. State
Supreme Court of Alabama
Appeal from Circuit Court of Russell. Tried before Hon. J. E. Cobb. The appellant, A. B. Eiland, was indicted for the murder of J. L. Davis. He was convicted of murder in the second degree and sentenced to twenty years’ imprisonment in the penitentiary. Many witnesses were introduced on both sides, and the testimony was, in some respects, conflicting.
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Appeal from Circuit Court of Russell. Tried before Hon. J. E. Cobb. The appellant, A. B. Eiland, was indicted for the murder of J. L. Davis. He was convicted of murder in the second degree and sentenced to twenty years’ imprisonment in the penitentiary. Many witnesses were introduced on both sides, and the testimony was, in some respects, conflicting. However, it clearly establishes that the deceased and the prisoner had never been unfriendly, and continued on friendly terms up to the time of the fatal rencounter. The prisoner’s general reputation “ as a peaceable, quiet, law abiding man ”…
1Opinion of the CourtBrickell, C. J.
A general charge was given the jury, lucid and accurate in its definition of the various degrees of criminal homicide, of the facts which must concur to constitute the one or the other, and the strength of evidence which would authorize a conviction. In this charge is embodied this paragraph: “ To justify the taking of life there must be an imperious necessity existing to prevent the commission of a felony, or great bodily harm, or such appearance of necessity as would impress the mind of a reasonable, prudent man that it actually existed. And if you believe from the evidence, beyond…
2Cases cited23 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- Dupree v. StateSupreme Court of Alabama · 1859
- Pritchett v. StateSupreme Court of Alabama · 1853
- Felix v. StateSupreme Court of Alabama · 1851
- Franklin v. StateSupreme Court of Alabama · 1856
18 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Bankston v. StateSupreme Court of Alabama · 1978
- Garner v. StateSupreme Court of Florida · 1891
- Henderson v. StateCourt of Criminal Appeals of Alabama · 1990
- Storey v. StateSupreme Court of Alabama · 1882
- Burton v. StateSupreme Court of Alabama · 1894
73 more not listed; retrieve them via the Exa API.